Court of appeal upholds Tharaka-Nithi governor Samuel Ragwa's election

Tharaka-Nithi Governor Samuel Ragwa with the county's Beatrice Nkatha. [PHOTO: STANDARD]

By MURIMI MWANGI and PEACELOISE MBAE

Tharaka-Nithi governor Samuel Ragwa Tuesday survived an appeal challenging a High Court verdict that upheld his election late last year.

Appellate court judges Alnashir Visram, Martha Koome and Otieno Odek dismissed an appeal filed by poll loser Petkay Miriti challenging election of Mr Ragwa.

They ruled that the humongous vote margin separating Mr Ragwa and Miriti was a true indication that the will of the electorate prevailed, and that the minor anomalies cited in the petition would not affect the election outcome. 

However, Mr Miriti got a partial relief after the appellate judges faulted Justice Jessie Lessit of the Meru High Court for slumping him with an illogically huge cost of the suit totaling Sh5 million, and slashed the costs to a maximum of Sh3.5 million.

In their judgment, the judges disapproved Miriti’s allegations that the Independent Electoral and Boundaries Commission IEBC officials working in cahoots with Ragwa’s agents manipulated the votes’ tally.

The judges found that the alterations made in the tabulation forms were legitimate, as they were done in good faith to correct errors detected in the exercise.

“Correction of errors was part of their duty. The alterations were meagre and made for the mere purpose of correcting an error,” ruled the judges.

They declined to overturn the High Court’s decision on recount of votes, saying Justice Lessit was right in declining the request as Mr Miriti had not adduced sufficient evidence to warrant the exercise.

In the absence of the said strong foundation, the judges indicated that the court would be subjected to a “fishing expedition,” if it were grant the request.

In his request for a recount, Mr Miriti had cited three letters he had allegedly written to the IEBC requesting for crucial tally documents.

However, the appellate judges ruled that he had contradicted himself as the letters indicated he was requesting for forms 33 and 36 and not the forms 35 which he had cited in the main petition.

The judges exonerated Ragwa from allegation of engaging in alleged electoral malpractices including voter bribery and alleged use of witchcraft to manipulate the voters’ choice.

On the witchcraft issue, the judges said the evidence adduced by two witnesses to incriminate Mr Ragwa to witchcraft was “speculative and inadmissible”.

Mr Miriti moved to the appellate court after Lady Lessit of the Meru High Court, in her judgment dated September 27 2013.

Speaking after the judgement, Mr Ragwa promised to complete development projects he had initiated.